The Debt Advice Online Blog

In the UK, Individual Voluntary Arrangements (IVAs) are a formal alternative for individuals wishing to avoid bankruptcy.
The IVA was established by the Insolvency Act 1986 and constitutes a formal repayment proposal presented to a debtor’s creditors via an Insolvency Practitioner. Usually (but not necessarily) the IVA compromises only the claims of unsecured creditors, leaving the rights of secured creditors largely unchanged.

An IVA is a contractual arrangement with creditors and can be as flexible as an individual’s own circumstances; they can therefore be based on capital, income, third party payments, or a combination of these.

Creditors take a decision at a creditors’ meeting called to consider the IVA proposal. The return to creditors is often higher than they would receive in bankruptcy. A vote is taken - by value. More than 75% in value of those creditors who vote at the meeting by person or by proxy must agree in order for the arrangement to be approved. If any of those voting are ‘associates’ (usually business associates, friends and family) then a second count is taken and 50% of non-associated creditors must approve it.
In the UK, an increasing number of consumer debtors with overwhelming levels of debt are turning to specialist debt advice organizations that offer an alternative to bankruptcy via the use of an IVA.

An IVA is an alternative to bankruptcy; however, they are not mutually exclusive. A person can propose an IVA after they have been made bankrupt. If an arrangement is approved post-bankruptcy then the debtor can apply to the Court for an annulment of the bankruptcy order - such IVAs can only be proposed whilst the bankrupt is undercharged. If an IVA is proposed after a bankruptcy order has been made, it is now also possible to nominate the Official Receiver to be the supervisor of the arrangement. The Arrangements offered by the Official Receiver are very restricted and have not proved very popular. This type of arrangement is called a Fast Track Voluntary Arrangement and is only suitable in certain cases.

In Scotland, there is a similar procedure to the Individual Voluntary Arrangement called a Protected Trust Deed (PTD). The Trust Deed, although similar to the Individual Voluntary Arrangement in many ways, lasts only for 3 years as opposed to the normal 5-year period that constitutes the vast majority of IVAs. Trust Deeds are an alternative to bankruptcy in Scotland which is referred to as Sequestration.

Advantages and disadvantages

The advantages and disadvantages of an IVA compared with other debt solutions are particular to a debtor’s individual circumstances and professional advice should be sought to decide on the best option.
Stigma

An IVA is a private agreement between a debtor and creditors. Bankruptcy is advertised in a local newspaper and the London Gazette, an IVA is not. Both debtors in an IVA and bankrupts are listed publicly on the Personal Insolvency Register www.insolvency.gov.uk, and will be recorded by credit reference agencies.

Length

An income based IVA can often last up to 5 years, although it can be any length. A bankrupt is normally automatically discharged after just 1 year (unless subject to a Bankruptcy Restriction Order) or benefiting from an early discharge. An Income Payments Agreement or Order in bankruptcy is will not last for more than three years and payments are generally much lower than under an income based IVA.

Credit

Unlike Bankruptcy, an IVA does not statutorily restrict a debtor from obtaining credit, although the proposal might do.
Ability to trade
Bankruptcy will usually dissolve a partnership and prevent a debtor from acting as a director of a company. A self-employed trader will have to disclose the fact that he or she is bankrupt when obtaining credit, for example when dealing with suppliers. There are no such implications with an IVA, although lenders often ask.

Credit rating

Although arguably an IVA is seen as more positive than bankruptcy in the eyes of creditors, as it shows a certain commitment to repaying debt, in reality an IVA is likely to have an equally detrimental effect on a debtor’s credit rating as bankruptcy. Usually a debtor’s credit rating is already poor before an IVA or bankruptcy is considered however. Both bankruptcy and an IVA will stay on a debtor’s credit file for 6 years from the start of the IVA/bankruptcy.

Fees

An IVA is usually less expensive than bankruptcy as the Insolvency Practitioner need not deposit funds in the Insolvency Services Account as is the case in a bankruptcy - here the Government levies an ad valorem charge of 17% on all deposits after the first £2,000.

Protection

A major advantage of an IVA over debt management arrangements is that all unsecured creditors are bound by it once it has been agreed: even if they did not agree to the IVA at the meeting of creditors. As only those creditors who vote at the meeting are counted, those creditors who did not vote at all are still bound by the decision, as are those who voted against it if they are outvoted (see above). Creditors bound by the IVA cannot take enforcement action to recover the debt, but instead submit a claim in the IVA and are paid by the Supervisor.

The home

Perhaps the biggest advantage to an IVA over Bankruptcy is the control the debtor has over their home. In bankruptcy, the debtor’s assets will vest in the Trustee (some assets are excluded, notably those used as tools of trade, ordinary household contents and a modest motor vehicle). This will usually include equity in their property and the Trustee may force its sale. An IVA proposal may exclude the property altogether, propose a re-mortgage or offer income based contributions for a longer period in lieu of the debtor’s equitable interest in the property. The Supervisor may register a restriction on the property to ensure that his or her consent is required before the property is, for example, sold, or re-mortgaged.

For many people, 2009 will be all about just one thing – being able to make ends meet to pay bills every month. Often half these bills are loan repayments on a car and a mortgage. After this there is the payment of credit card balances; with many credit card companies charging anything from 10% to 18% on the outstanding credit card balance. Even at 10% interest, this quickly becomes a tidy sum in the way of monthly interest for those who use their credit cards frequently.

Basically, living on credit is as bad a survival strategy as can be and it leaves nothing for an emergency. To be able to cope with emergencies, and to save something for a rainy day, you should concentrate on wiping out outstanding credit card balances. To do this you firstly should consider methods of bringing down the credit accumulated on your credit cards.

One option is to go to a bank that offers a low interest bank loan. If a bank loan is available at an interest rate lower than the interest rate of any credit card debt, then availing that loan is a viable option. Should you go for this option, then remember to go for a fixed interest rate and not a floating interest rate. A floating interest rate could sometimes become higher than the interest rate on the credit card, even if it wasn’t at the time you took the loan out. Furthermore, such a bank loan should only be taken on if you are sure to discontinue ongoing use of your credit cards, and you are certain that your monthly budget allows you to repay the loan consistently. To do otherwise would be counterproductive.

Another option is to seek out a credit card companies that offers lower interest rates if transfer an outstanding balance of a previous credit card to that company. This can be an effective money saving formula if you do some homework through the internet. In this way you can reduce the interest you are paying and start making inroads on the core debt as well; queries should be done to zero in on such a company before you commit to this option.

Of course, these are solutions for those who have already accumulated credit debt. If you are thinking about getting a credit card and don’t want to fall into this trap, then think about the fact that the best way to avoid the pitfalls is by not having credit in the first place. Controlling and limiting credit card use is the first step towards lessening credit balances. Pay cash as often as you can and use a credit card only when it is unavoidable. Try to stick with one credit card only to keep track of your spending more easily. Too many credit cards can make it easier to rack up a lot of debt inadvertently. You can avoid this by sticking with one credit card which you pay in full and regularly.

To take things one step further, using a credit card continuously to tide over ‘emergencies’ is not sufficient. What you truly need is to have a budget to manage your money more effectively, instead of relying on credit. Aim to always put something aside every month; going above and beyond paying off credit debt. Those who have too much credit should first pay it off and then concentrate on not accruing more credit. Availability of credit leads people into an illusory world of financial security; thinking they have more than they in fact do. Of course, some sort of a monthly payment for a car or house might be necessary. The key is to be savvy about what you borrow and be sure these loans are realistic for your particular situation. When you opt for a loan, be realistic about the amount you can afford to spend on your car or home loan so that the monthly payments don’t strain the budget.

To truly eliminate bad credit and to be secure that you have everything you genuinely need, then budget a small provision so that you have savings being regularly made over and above paying back credit card debt and other financial commitments. If you fail to make these provisions, then you will soon slip into a financial ‘danger zone’.